A Scottish Government Consultation on Family Law - draft Impact Assessments

Potential extension of simplified divorce and dissolution procedures- draft Equality Impact Assessment Record

Title of policy/ practice/ strategy/ legislation etc.

Potential extension of the simplified divorce and dissolution procedures to cases where there are children under 16 but no dispute about their welfare

Minister

Minister for Victims and Community Safety

Lead official

Family Law Policy Unit

Directorate: Division: Team

Directorate for Justice: Civil Law and Legal System: Family Law Policy Unit

Is this new policy or revision to an existing policy?

Consultation on a revision to an existing policy

Screening

Policy Aim

The policy could reduce costs (both to individuals who are divorcing or dissolving their civil partnership and to the Scottish Legal Aid Board) and increase the number of actions of divorce and dissolution which would benefit from the reduced time that actions under the simplified procedures take.

The intention is that, if adopted, the policy would continue to protect the welfare of any children under 16 in a similar way to the arrangements for undefended divorce actions where no party has sought an order in relation to those children. The court dealing with an action of divorce or dissolution where there are children of the family under 16 is required to consider whether it needs to make any order regarding such children, such as in relation to parental responsibilities and rights: section 12 of the Children (Scotland) Act 1995.

The Scottish Civil Justice Council (the SCJC) is consulting separately on the changes to court rules and the associated forms that would be required if the option under consideration was implemented. The SCJC proposes to exclude from the simplified divorce and dissolution procedures those cases where the basis of the divorce or dissolution is the issue of an interim gender recognition certificate. This EQIA does not consider the impacts of that potential change. The numbers of divorces or dissolutions on the ground that an interim gender recognition certificate has been issued to a party to marriage or civil partnership are very low in practice.

Who will it affect?

The policy if adopted, will affect:

• some individuals seeking a divorce or dissolution based on non-cohabitation who have children under 16
• the Scottish Legal Aid Board (SLAB)
• the Scottish Courts and Tribunals Service (SCTS)
• the judiciary
• the legal services sector
• third sector advice agencies

In Scotland, a divorce or a dissolution of a civil partnership can only be obtained through the courts. However, a simplified court procedure is available in certain circumstances. This procedure is forms-based and is intended to be used by individuals without representation from a solicitor.

The current simplified divorce and dissolution procedures

The simplified procedure is currently only available when:

• the basis of the divorce or dissolution is one-year separation with consent, or two years’ separation, or because of the issue of an interim gender recognition certificate
• there are no children of the family under the age of 16
• there are no financial matters to sort out
• there is no evidence of either party being unable to manage their affairs because of mental illness, personality disorder or learning disability
• there are no other court proceedings under way which might result in the end of the marriage or civil partnership

The applicant spouse or civil partner partially completes an application form and, where the basis of the divorce or dissolution is one-year separation, obtains the written consent from their spouse or civil partner to the divorce or dissolution. The applicant must then swear an affidavit (statement) which will form part of the application before an authorised person such as a notary public or a Justice of the Peace.

The applicant submits the completed application form, accompanying evidence and the appropriate court fee (where no exemption applies) to the court. Once the application is received, the court will advise the non-applicant spouse or civil partner that the action has been raised. If the non-applicant spouse wishes to dispute the action or has changed their mind since giving any required consent, the case cannot go further under the simplified arrangements.

Legal aid is help with paying legal costs you cannot otherwise afford. Legal aid ‘advice and assistance’ can help with the costs of oral or written advice from a solicitor in connection with a matter of Scots law. Legal aid advice and assistance is available in connection with simplified divorce.

Civil legal aid is help with the costs of initiating and conducting a civil court action. Civil legal aid is not available in connection with simplified divorce. This is because the process is intended to be used without the involvement of a solicitor.

The proposal under consideration

The Scottish Government is considering whether the simplified procedure should also include cases where there are children under 16 and no dispute about their welfare. We anticipate that, if adopted, this would lead to an increase in divorce or dissolution actions raised using the simplified procedure.

To implement the proposal, the Scottish Ministers would need to make an order under section 8 of the Civil Evidence (Scotland) Act 1988 so that third party evidence would no longer be needed in undefended divorce or dissolution cases where there are children under 16. The Scottish Government committed to consulting publicly in the Scottish Government Family Justice Modernisation Strategy.

There would also need to be changes to the rules of court and forms in order to implement the proposal. The SCJC is consulting separately on those changes.

Under the current arrangements for eligibility to use the simplified procedure, neither party to the marriage or civil partnership should be unable to manage their affairs because of mental illness, personality disorder or learning disability. The consultation will seek views on whether it is only where a party lacks capacity that the couple should not be able to use the simplified procedure.

Process for simplified procedure divorces or dissolutions involving children under the proposal

Under the proposal, the applicant would additionally have to complete a form for each child of the family under 16 which outlines the arrangements for their upbringing.

In order for the case to proceed under the proposed simplified arrangements. the non-applicant spouse or civil partner would need to sign the additional form(s) to demonstrate their agreement to the proposed arrangements. This is in addition to the consent required if the divorce or dissolution is being sought on the basis of non-cohabitation for one-year.

Under section 12 of the Children (Scotland) Act 1995, in an action of divorce or dissolution where there is a child or children of the family under 16, the court must consider the available information about the arrangements for them.

Under the proposal, if the court is not satisfied from the information in the application that it does not require to make an order under section 11 of the 1995 Act, a hearing will be fixed to allow the court to make some further enquiries. The Scottish Ministers would also make a Scottish Statutory Instrument so that legal aid would be available in principle in connection with such hearings.

Both the applicant and non-applicant spouse or civil partner will be told about that hearing and would be expected to attend to assist with providing such further information as the court needs. At this stage, no views are sought from the child or children.

If following this hearing, the court decides that further investigation is required, the application will not proceed further under the simplified procedure, but as a family action under the ordinary procedures. Civil legal aid might be available to either or both parties, subject to the usual eligibility criteria. Once the case reverts to the ordinary procedure, the arrangements under section 11 of the 1995 Act,^[7] for obtaining the views of the child or children who would be affected would apply.

If the court decides as a result of the hearing that no order is needed under section 11 of the 1995 Act, the court will then determine whether to grant or refuse the divorce or dissolution.

What might prevent the desired outcomes being achieved?

It may not be possible for a divorce or dissolution to proceed using the proposed extended simplified procedure. An individual who wants to get a divorce may apply based on adultery or unreasonable behaviour, or the couple may not agree about the arrangements for dividing matrimonial or partnership property, or about the arrangements for children under 16.

If the option under consideration was implemented and in a particular case which has commenced under the simplified arrangements, the court is not provided with sufficient information on the proposed arrangements for bringing up children of the marriage or civil partnership, the court may have to seek further information at a hearing. If the court’s concern is not resolved, the court will remit the case to the ordinary procedures.

Stage 1: Framing

Results of framing exercise

Divorce or dissolution can impact on children of the family and the option under consideration could potentially impact on children.

Statistical information may be less important in this context, but statistical information on divorce and dissolution actions is available and is used in this EQIA and other related impact assessments.

Extent/Level of EQIA required

Our view is as follows:

Age

The proposed policy could have an impact on children.

The proposal does not affect the duty of the court in cases of divorces and dissolutions to consider the arrangements for the upbringing of any children of the family who are not yet 16. The new forms to be used in such cases will ask for information about the arrangements for the children and for consent to be given to them by the non-applicant spouse or civil partner.

Affidavits (sworn statements) are currently used to provide the court with evidence about the arrangements for children’s upbringing in undefended actions of divorce or dissolution proceeding under the ordinary procedure including where no order relating to a child is sought.

There are a number of Sheriff Court Practice Notes about the use of such affidavits in family actions and the information required to be provided in divorces and dissolutions about children: see for example the 2023 practice note on affidavits in undefended family actions for the Sheriffdom of Tayside, Central and Fife at 2023-pn-no-2-affidavits-in-undefended-family-actions.pdf.

Statistical information is available on the age of spouses and civil partners when they married or entered into a civil partnership and also when they divorced or dissolved.

We are aware of anecdotal evidence that a couple who have agreed to divorce or dissolve their civil partnership may hold off doing so until the children of their family are over 16 to avoid the potential costs of obtaining a divorce under the ordinary procedure.

Disability

Some people with disabilities cannot use the simplified procedure because people with a mental disorder as defined by the Mental Health Act 2003 are not eligible. We will seek views in the consultation on whether only those people who truly lack sufficient capacity to undertake the process would be ineligible. This is a potential benefit to some people with disabilities who would otherwise be ineligible as they would have access to the simpler forms-based process and the benefits of monetary savings arising more generally.

Sex (including pregnancy and maternity).

The option to extend the simplified procedure under consideration impacts equally on men and women.

There is evidence to suggest that more women than men in mixed sex marriages initiate actions of divorce. There is also evidence to suggest that problems with family or relationships are more likely to be reported by women than men.

There is international research evidence which suggests that following divorce, women can experience disproportionate declines in their income and standard of living and are at increased risk of experiencing poverty. We know that in Scotland, divorced or separated people are more likely to be in relative poverty.

Gender reassignment

The option under consideration to extend the simplified procedure to cases where there are children under 16 has no specific impact on transgender people.

Divorce and dissolution will continue to be available on the grounds of the issue of an interim Gender Recognition Certificate but not under the simplified procedure. In practice, very few divorces or dissolutions are granted on this ground.

Sexual orientation

The proposal has no differential impact in relation to sexual orientation. The proposal would work in the same way for divorces and dissolutions of civil partnerships of same sex and mixed sex relationships where there were children of the family under 16.

Race

The proposal has no specific impact on the protected characteristic of race.

Religion or belief

There is evidence in the civil justice statistics about whether those divorcing or dissolving their civil partnership had a religious or belief ceremony, or a civil marriage or civil partnership.

Some people of faith have religious objections to divorce or consider that divorce should only be available in certain circumstances. However, the proposal does not affect when divorce or dissolution may be available.

The option under consideration does not limit the ability of the court under section 3A of the Divorce (Scotland) Act 1976 to postpone granting a decree of divorce on the grounds of irretrievable breakdown of the marriage when:

• one of the parties is prevented from entering into a religious marriage by virtue of a requirement of the religion of that marriage; and
• the other party can act so as to remove, or enable or contribute to the removal of, the impediment which prevents that marriage

“Religious marriage” means a marriage solemnised by a marriage celebrant of a religious body prescribed by ministers. So far, Ministers have made just one set of regulations, the Divorce (Religious Bodies) (Scotland) Regulations 2006, SSI 2006/253 (pdf). These regulations prescribed “any Hebrew Congregation” as a religious body for the purposes of section 3A.

Section 11 of the Civil Partnership (Scotland) Act 2020 makes equivalent provision for the court to postpone granting a decree of dissolution of a civil partnership. This has not yet been implemented. The Scottish Government intend to take forward work on this shortly.

In addition, working closely with representatives of the Jewish community in Scotland, we intend to make regulations which will modernise the existing reference to “any Hebrew congregation”.

Stage 2: Data and evidence gathering, involvement and consultation

Age

Evidence gathered and strength/quality of evidence

Age ranges of those divorcing or dissolving their civil partnership

There is data on the age ranges of those in a mixed sex marriage who divorce. (1)

There is published data about the age at marriage or civil partnership of those who are granted a divorce or dissolution. (2)

This is good quality statistical evidence but it does not suggest anything about the proposal under consideration which would extend a simplified procedure for divorcing to more couples and would not change the grounds of divorce or dissolution.

There is anecdotal evidence that couples who are agreed on the division of property and on the arrangements for their children, delay finalising their divorce or dissolution until their children are 16 so they can use the simplified procedure. This suggests younger couples may start using the simplified procedure more often.

Children

The potential impacts of the proposal for children’s rights and wellbeing are considered in the partial Child Rights and Wellbeing Impact Assessment.

We have information from SLAB about civil legal aid grants in connection with divorce or dissolution covering a four-year period, where the particular cases could be eligible under the proposal. This data suggested that, on average, around 77% of such these grants related to divorces or dissolutions where there were children under 16. This may not reflect accurately the number of divorce or dissolution cases more generally where there are children under 16. (3)

This is reasonable evidence about the potential number of cases in the future that might be newly eligible if the proposal was implemented. However, it could result in overestimation of the numbers newly eligible and should be treated with caution.

Source

(1)See for example Supporting documents - Civil justice statistics in Scotland 2022-23 - gov.scot (www.gov.scot)

Divorce and Dissolutions Supplementary

Tables at Tables 6-9.

(2)Supporting documents - Civil justice statistics in Scotland 2022-23 - gov.scot (www.gov.scot)

Divorces and dissolutions Supplementary Tables 8 and 9.

(3)Scottish Legal Aid Board

Data gaps identified and action taken

We do not have civil justice statistics on the numbers of divorce or dissolution actions which involve children of the marriage or civil partnership under 16 which would be eligible under the proposal to be dealt with under the simplified procedure. There would be costs associated with obtaining historic data. We can use information from SLAB to estimate the likely proportion of undefended actions of divorce and dissolution that would be newly eligible in principle to use the simplified procedure.

Disability

Evidence gathered and strength/quality of evidence

The divorce and dissolution process more generally may be more difficult for people with a disability. The forms-based simplified procedure is likely to be easier for people to use.

Available evidence from the Census 2021 in England and Wales suggests around one-third of disabled people were married. (1)

If either of the couple is unable to manage their affairs because of mental illness, personality disorder or learning disability they cannot use the simplified procedure. The consultation is seeking views on whether eligibility should be determined by a person’s capacity for example as this as defined in the Adults with Incapacity (Scotland) Act 2000, rather than mental illness, personality disorder or learning disability, this would widen who can use the simplified procedure.

In Scotland’s Census 2011, a total of 26,300 people reported that they had a learning disability, 0.5 per cent of the population, and a total of 31,700 of people in Scotland reported that they had a developmental disorder, 0.6 per cent of the population. (2)

In 2021/22 in the UK, Scotland and Wales had the highest proportion of disabled people (both 26%). (3)

We know that poverty rates remain higher for households in which somebody is disabled compared to those where no-one is disabled. (4)

We have no evidence from court data about the numbers of disabled people who divorce or dissolve their civil partnership in Scotland.

The available evidence is good quality statistical evidence. It suggests that some people with a disability may benefit from access to the simplified procedure because of the reduced costs typically involved and that extending eligibility to use the simplified procedure may particularly benefit some disabled people who would otherwise be ineligible if they were understood to have a mental disorder.

Source

(1)Protected characteristics by disability status, England and Wales: Census 2021: Protected characteristics by disability status, England and Wales: Census 2021 - Office for National Statistics (ons.gov.uk)

(2)Scotland’s Census 2011 People with a learning disability or developmental disorder, National Records of Scotland 2016: GROS - Census - General Report (scotlandscensus.gov.uk)

(3)UK Disability Statistics: Prevalence and life experiences, August 2023 at CBP-9602.pdf (parliament.uk)

(4)Poverty and Income Inequality in Scotland 2020-23 (data.gov.scot)

Data gaps identified and action taken

N/A

Sex

Evidence gathered and strength/quality of evidence

Evidence about the sex of those initiating divorce

We have evidence that more women than men initiate divorces. In 2021-2022, 59% of the parties granted a divorce who were in a mixed marriage were female. Results for the five-year period between 2017-18 and 2021-22 are as follows (1):

Year	Male	Female	Total	% of Female Pursuers
2021-22	3,327	4,822	8,149	59
2020-21	2,301	3,344	5,645	59
2019-20	3,268	4,557	7,825	58
2018-19	3,181	4,163	7,344	57
2017-18	2,914	3,947	6,861	58

There is also international evidence that wives tend to report lower relationship quality than husbands. (2)

This is good quality evidence. It tends to suggest that women are more likely to benefit from the reduced costs typically involved in a simplified divorce or dissolution. (The partial Business and Regulatory Impact Assessment for the proposal identifies that there are likely to be cost savings for some individuals who would not have been eligible for civil legal aid under the ordinary procedure.

The socio-economic impact of divorce

The partial Fairer Scotland Duty Assessment notes international research evidence which suggests that following divorce, women can experience disproportionate declines in their income and standard of living and are at increased risk of experiencing poverty. (3)

This is good quality evidence, but the reasons identified for these poorer outcomes do not relate to the procedural aspect of divorce. The proposal, if implemented, will not have an impact on longer term economic outcomes for women.

Source

(1)Scottish Government

(2)Rosenfeld, M.J. (2018). Who Wants the Breakup? Gender and Breakup in Heterosexual Couples. In: Alwin, D., Felmlee, D., Kreager, D. (eds) Social Networks and the Life Course. Frontiers in Sociology and Social Research, vol 2. Springer, Cham. https://doi.org/10.1007/978-3-319-71544-5_11

(3)See for example Thomas Leopold; Gender Differences in the Consequences of Divorce: A Study of Multiple Outcomes. Demography 1 June 2018; 55 (3): 769–797.

https://doi.org/10.1007/s13524-018-0667-6

Data gaps identified and action taken

None

Pregnancy and maternity

Evidence gathered and strength/quality of evidence

We have no evidence.

Source

N/A

Data gaps identified and action taken

The consultation will seek views and evidence.

Gender reassignment

Evidence gathered and strength/quality of evidence

In 2022, Scotland’s Census found that 19,990 people were trans or had a trans history. This is 0.44% of people aged 16 and over. Nearly half of trans people were aged 16 to 24. (1)

We have some evidence relating to the number of transgender people who have been issued with an interim gender recognition certificate under the Gender Recognition Act 2004 or their spouse or partner, who apply for divorce or dissolution. (2)

Between 2013-14 and 2022-23 the courts granted an order for divorce or dissolution in five cases where the ground of divorce was the issue of an interim gender recognition certificate under the Gender Recognition Act 2004. This will not reflect accurately the numbers of trans people seeking divorce or dissolution. The vast majority of divorces and dissolutions are based on non-cohabitation.

The available evidence is good quality evidence, but it does not suggest any particular differential impact for this protected characteristic of the option to extend the simplified procedure to cases where there are children under 16 but no dispute about their welfare.

Source

(1)NRS, Scotland’s Census 2022 - Sexual orientation and trans status or history | Scotland's Census

(2)Supporting documents - Civil justice statistics in Scotland 2022-23 - gov.scot (www.gov.scot) at Divorces and dissolutions supplementary tables, Tables 2 and 3.

Data gaps identified and action taken

None

Sexual orientation

Evidence gathered and strength/quality of evidence

In 2022, Scotland’s Census found that there were 183,860 LGB+ people in Scotland. This is 4.0% of people aged 16 and over. (1)

We have evidence about how many divorces relate to mixed sex and same sex marriages. In 2022-23, of the divorces granted, 7,367 related to mixed sex couples and 121 to same sex couples. (2)

This is good quality statistical evidence which does not suggest any particular differential impact for people of any particular sexual orientation. We expect the option under consideration is expected to impact in the same or similar ways for former couples, whatever their sexual orientation.

Similar evidence for dissolutions of same sex and mixed sex civil partnerships is not yet available, as mixed sex civil partnership became possible in Scotland only from 30 June 2021.

Source

(1)NRS, Scotland’s Census 2022 - Sexual orientation and trans status or history | Scotland's Census

(2)Supporting documents - Civil justice statistics in Scotland 2022-23 - gov.scot (www.gov.scot) at Divorces and Dissolutions Supplementary Tables, Table 2.

Data gaps identified and action taken

None

Race

Evidence gathered and strength/quality of evidence

In 2022 12.9% of people in Scotland had a minority ethnic background. This is an increase from 8.2% in 2011. (1)

We do not have evidence about the race and ethnicity of those who marry or register a civil partnership in Scotland. The available data relates to country of birth and country of residence. (2)

We do not have access to data from divorce and dissolution actions in Scotland concerning the race or ethnicity of the parties. There is international evidence from the United States that divorce rates differ by race. (3)

We have some limited research evidence, but it does not suggest anything about the proposal under consideration which would extend a simplified procedure for divorcing to more couples and would not change the grounds of divorce or dissolution.

Source

(1)NRS, Scotland’s Census 2022 - Ethnic group, national identity, language and religion | Scotland's Census

(2)NRS, Vital Events, Marriages and Civil Partnerships List of Data Tables | National Records of Scotland Tables 7.08, 7.09 and 7.12

(3)Kposowa AJ. The Impact Of Race On Divorce In The United States. Journal of Comparative Family Studies. 1998;29(3):529-548. doi:10.3138/jcfs.29.3.529

Data gaps identified and action taken

None

Religion or belief

Evidence gathered and strength/quality of evidence

We have some evidence in relation to divorces where the couple had a religious or belief marriage ceremony or a civil marriage ceremony. In 2022-23, of the 7,488 divorces granted, 56% (4,185) involved civil marriages. 41% (3,100) were religious marriages and 3% (203) were Humanist marriage ceremonies. (1)

There is data on the numbers of marriage and civil partnerships solemnised by a civil registrar and those solemnised by a religious or belief celebrant. In 2023, 45.8% of marriages were civil. (2)

The available evidence is good quality. However, we do not consider that there is evidence of any particular impact for this protected characteristic arising from the proposal. The proposal is expected to impact in the same or similar ways for those with a religion or belief and those without.

Source

(1)Supporting documents - Civil justice statistics in Scotland 2022-23 - gov.scot (www.gov.scot) Divorces and Dissolutions Supplementary Tables, Table 10.

(2)National Records of Scotland List of Data Tables | National Records of Scotland (nrscotland.gov.uk), Table 7.06

Data gaps identified and action taken

None

Marriage and civil partnership

Evidence gathered and strength/quality of evidence

Not applicable: the Scottish Government does not require to assess the policy option being considered against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices.

Source

N/A

Data gaps identified and action taken

N/A

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered; this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Eliminating unlawful discrimination, harassment and victimisation:

We do not consider the current law or the option to extend the simplified procedure to constitute unlawful discrimination, harassment and victimisation.

Advancing equality of opportunity:

We think there could be a benefit for individuals with children under 16 who are agreed on all matters pertaining to their divorce or dissolution, including the arrangements for their children. If the proposal is implemented these parties may be able to resolve their relationship sooner, benefit from the lower costs involved in using the simplified procedure where they would not otherwise have been entitled to legal aid and, if they wish to do so, re-marry or register another civil partnership.

Promoting good relations among and between different age groups:

This potential policy is not about promoting good relations but there is no evidence to suggest either a positive or negative impact on relations between different age groups.

Do you think that the policy impacts disabled people?

Eliminating unlawful discrimination, harassment and victimisation

We do not consider that the current law or the option to extend the simplified procedure constitute unlawful discrimination, harassment and victimisation.

Advancing equality of opportunity

We think that extending the simplified procedure might potentially benefit people with a disability given it is a simpler and quicker forms-based process for obtaining a divorce or dissolution. If the eligibility criteria were changed so that only those who lack capacity would be excluded rather than those with a mental disorder as defined in legislation.

Promoting good relations among and between disabled and non-disabled people

This potential policy is not about promoting good relations.

Do you think that the policy impacts on men and women in different ways?

Eliminating unlawful discrimination

We do not consider that the current law or the option to extend the simplified procedure constitute unlawful discrimination.

Advancing equality of opportunity

The proposal, if implemented, seems likely to benefit more women than men as the available evidence indicates that in practice more women than men initiate a divorce in mixed sex marriages. Extending the simplified procedure may allow women who otherwise could not afford to raise an action of divorce under the ordinary procedure before their children reach 16 to do so earlier than at present.

Promoting good relations between men and women

This potential policy is not about promoting good relations. There is no evidence to suggest any effect on relations between women and men if the option to extend the simplified procedure to new cases was taken.

Do you think that the policy impacts on women because of pregnancy and maternity?

Eliminating unlawful discrimination

We do not consider that the current law or the option to extend the simplified procedure constitute unlawful discrimination.

Advancing equality of opportunity

We do not have evidence in relation to this protected characteristic and divorce or dissolution.

Promoting good relations

This potential policy is not about promoting good relations. We do not have evidence in relation to this protected characteristic in the context of divorce or dissolution.

Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex?

Eliminating unlawful discrimination

We do not consider that the current law or the option to extend the simplified procedure under consideration constitute unlawful discrimination.

Advancing equality of opportunity

We do not have evidence in relation to this protected characteristic in the context of divorce or dissolution.

Promoting good relations

This potential policy is not about promoting good relations. We do not have evidence in relation to this protected characteristic in the context of divorce or dissolution.

Do you think that the policy impacts on people because of their sexual orientation?

Eliminating unlawful discrimination

We do not consider the current law or the option to extend the simplified procedure to constitute unlawful discrimination.

Advancing equality of opportunity

The available evidence does not suggest any particular impact for this protected characteristic from the option to extend the simplified procedure to cases where there are children of the family under 16 and no dispute about their welfare.

Promoting good relations

This potential policy is not about promoting good relations. There is no evidence to suggest any effect on relations between people with different sexual orientations.

Do you think the policy impacts on people on the grounds of their race?

Eliminating unlawful discrimination

We do not consider the current law or the option to extend the simplified procedure to constitute unlawful discrimination.

Advancing equality of opportunity

We have no evidence about race and ethnicity in relation to divorce and dissolution.

Promoting good race relations

This potential policy is not about promoting good relations. We do not have evidence in relation to this protected characteristic in the context of divorce or dissolution.

Do you think the policy impacts on people because of their religion or belief?

Eliminating unlawful discrimination

We do not consider the current law or the option to extend the simplified procedure to constitute unlawful discrimination.

Advancing equality of opportunity

The available evidence does not suggest any particular impact from the option to extend the simplified procedure to cases where there are children of the family under 16 and no dispute about their welfare.

Promoting good relations

This potential policy is not about promoting good relations. There is no evidence to suggest any effect on relations between people or religious or belief and other groups if the option to extend the simplified procedure to new cases was taken.

Do you think the policy impacts on people because of their marriage or civil partnership?

Eliminating unlawful discrimination

A body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work.

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

Have positive or negative impacts been identified for any of the equality groups?

Yes. Potential benefits for women

Is the policy directly or indirectly discriminatory under the Equality Act 2010?

No

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

No

If not justified, what mitigating action will be undertaken?

Not applicable

Describing how Equality Impact analysis has shaped the policy making process

• No direct changes have been made to this potential policy as a result of this draft EQIA Record which is intended to support a public consultation.
• There are no direct implications for finance as a result of this draft EQIA Record. There would be costs in relation to implementing any changes in the law if after consultation, we take forward legislation. The potential costs of implementation are considered in our draft Business and Regulatory Impact Assessment.

Monitoring and Review

At this stage, the Scottish Government has not decided to legislate. This draft EQIA Record is intended to support the public consultation. We will consider monitoring and review issues once the consultation responses are analysed and next steps are decided.

Stage 5: Authorisation of EQIA

Stage 5 will be completed and an updated EQIA published if, following analysis of the consultation response, the Scottish Government and the SCJC decide to implement the extension of the simplified procedure.

Please confirm that:

• This Equality Impact Assessment has informed the development of this policy:

Yes

No

• Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
• Eliminating unlawful discrimination, harassment, victimisation;
• Removing or minimising any barriers and/or disadvantages;
• Taking steps which assist with promoting equality and meeting people’s different needs;
• Encouraging participation (e.g. in public life)
• Fostering good relations, tackling prejudice and promoting understanding.

Yes

No

• If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic:

Yes

No

Not applicable

Declaration

This will be completed after this consultation and views have been obtained from consultees

I am satisfied with the equality impact assessment that has been undertaken for and give my authorisation for the results of this assessment to be published on the Scottish Government’s website.

Name:

Position:

Authorisation date: